Cervantes
Cervantes v. Burciaga
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 RAUL CERVANTES, Case No. 19-cv-06318-RMI
9 Plaintiff,
ORDER OF DISMISSAL WITH LEAVE
10 v. TO AMEND
11 BURCIAGA, et al., Re: Dkt. No. 2 12 Defendants.
13 14 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The 15 court granted his motion for leave to proceed in forma pauperis. (Dkt. 15). 16 DISCUSSION 17 Standard of Review 18 Federal courts must engage in a preliminary screening of cases in which prisoners seek 19 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 20 1915A(a). In its review, the court must identify any cognizable claims, and dismiss any claims 21 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 22 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 23 pleadings must be…